S. U. ONU, JSC (Delivering the Leading Judgment): The appellant, Michael Peter and one Sule Iro (the third suspect having died while on remand) were arraigned before Hunponu-Wusu, J sitting at Lagos Judicial Division of the High Court of Lagos State, on a one-count charge of the murder of one Maria Jonah, an infant, at Moroga Village, off Agege, Lagos State, an offence punishable under Section 319(1) of the Criminal Code. Cap.31 of Lagos State, 1973.
The appellant and the said Sule Iro, the latter against whom the charge laid was later withdrawn upon being reported dead, was accordingly struck out. In the trial that subsequently ensued, the prosecution called eight witnesses while the appellant for his defence, denied killing the deceased and called four witnesses.
The learned trial Judge after considering the evidence adduced by both sides, found the appellant guilty as charged; proceeded thereafter to convict and sentence him to death, which sentence was affirmed by the Court of App…